Birmingham Premises Liability Lawyer

Birmingham property owners are legally obligated to maintain a safe environment for all visitors. Where property owners fail in this duty, and an innocent visitor is injured, it gives rise to premises liability. Slip and fall accidents and dog bites are common incidents that may require the help of a Birmingham premises liability lawyer.

If you or someone you care about has been injured in an accident caused by a property owner’s negligence, contact our firm immediately. We will assess the circumstances of the incident, help gather evidence, and guide you through the legal process to seek compensation.

Why Choose Caldwell Wenzel & Asthana?

Premises liability claims can be complicated, especially where the property owner refuses to admit to negligence. You need a lawyer specialized in premises liability to gather evidence and build for you a compelling case. This is where our attorneys at Caldwell Wenzel & Asthana come in.

Common Situations That Give Rise to Premises Liability Claims in Birmingham, AL

Discover Examples of Premises Liability Cases

It is common knowledge that property owners don’t always exercise safety precautions. Whether private residences, company environments, or public buildings, there is a legal duty to safeguard unsuspecting visitors from getting injured on your premises.

Again, premises liability accidents can occur where the property owner fails to maintain a safe property, causing injuries. Common situations that could give rise to these types of claim include:

• Animal attacks and dog bites
• Slip and fall accidents
• Dangerous property
• Poor lighting
• Negligent or inadequate security
• Negligent maintenance
• Swimming pool accidents
• Inadequate maintenance
• Children on property
• Falling objects
• Restaurant accidents
• Retail accidents
• Elevator and escalator accidents, etc.

Contact us today if you’ve been injured in any of the above-mentioned situations. We can help assess your case and determine whether you have grounds for a premises liability claim.

How Is a Visitor Defined in Premises Liability Cases?

Only an Injured Visitor Has a Right to Claim Damages

A “visitor” refers to an individual on the property of another person or business entity with the owner’s permission, whether express or implied. The classification of a visitor is important in determining the level of duty of care owed by the property owner. Under Alabama state law, there are three categories of visitors:

• Invitees: Invitees are individuals who enter a property for financial or business purposes. They include customers shopping in a store or eating in a restaurant, business clients, and guests at a public event. Property owners owe invitees the highest duty of care. Property owners must take reasonable steps to ensure their premises are safe, regularly inspected, and promptly address any hazards.
• Licensees: You are a licensee if you enter a property with the owner’s permission for social reasons. Licensees include social guests invited to a home. Property owners must warn licensees about hazards or dangerous conditions and address them accordingly. So, if the owner knew about the danger, they would be held responsible for your injuries.
• Trespassers: Trespassers are those who enter the property without permission. Property owners generally owe the least duty of care to trespassers. However, they are not absolved of all their responsibility. If the property owner is aware of potential dangers that could harm trespassers, they must warn the trespasser and take reasonable steps to prevent injuries.

How Can I Prove Negligence in Premises Liability Claims?

Failure to Prove the Negligence of The Property Owner Equals Zero Compensation

Premises liability claims are one of the most challenging cases to pursue. The question of negligence in premises liability lies in whether your injuries were predictable. You must establish that the property owner knew of the dangerous condition but did nothing to fix it.

It’s not enough to file a claim against the property owner. The onus is on you to gather and present compelling evidence against the property owner. Your evidence must establish a link between their negligent actions/inactions and your injuries.

If you hire our firm for your case, we can help you gather evidence to prove your case. This evidence can include:

• Photographs of the hazardous condition or accident scene
• Surveillance camera footage
• Medical records
• Maintenance records
• Employees statements
• Company policies and procedures
• Expert testimony
• Accident reports
• Evidence of prior incidents on the property
• Physical evidence, such as torn shoes or clothing
• Witness statements
• Notice to the property owner.

Our legal experts will gather relevant evidence for your case and build strong legal strategies to pursue compensation.

How Alabama Laws Can Affect the Compensation You Can Receive In Your Premises Liability Case

Get Started on Your Case as Soon as Possible

Alabama state laws can determine how much you get for your injuries or if you get anything at all. Therefore, it’s always advisable to seek the services of a lawyer familiar with state laws.

As a resident, you must understand that there is a time limit within which you can file your claim. If you have sustained injuries on someone’s property, you have two years from the incident date to file your claim. You will be barred from claiming if you fail to file within the prescribed time limit.

Also, Alabama follows the contributory negligence doctrine. This means that you may be barred from recovering damages if you contributed slightly to your injuries. For example, you may be deemed partly responsible if you were texting while you slipped and got hurt.

Again, hiring a Birmingham premises liability lawyer is the best option for getting legal recourse for your wounds. Our firm will fight aggressively to protect your rights and win your case.

Birmingham Premises Liability Lawyer FAQs

Here are frequently asked questions on premises liability:

Who Can File a Premises Liability Claim?

Generally, anyone who has suffered injuries or damages due to unsafe conditions on someone else’s property can file a claim. However, if a person was killed as a result, some family members can file a wrongful death claim. The compensation will cover the funeral expenses and other damages suffered.

What Should I Do After a Premises Liability Accident?

Firstly, don’t panic. Seek medical help and inform the property owner about the accident. Then, document the scene and take pictures of your injuries. Also, get the contact and insurance information of the property owner. Most importantly, contact a premises lawyer to discuss your legal options.

How Much Money Can I Get from a Slip and Fall Accident on Someone’s Property?

The amount of money you can recover from injury on someone’s property can vary widely based on various factors. The extent of your injuries, medical expenses, lost wages, the owner’s negligence, insurance coverage, etc., all affect your total amount. We can assess your case and provide a more accurate estimate of your potential compensation.

Can I Sue in Court if the Insurance Settlement Fails?

Yes, you can. Before resorting to court, attempting negotiation with the insurance company is standard to reach a fair settlement. You can file a lawsuit against the property owner if negotiations are unsuccessful. We will prepare and file the necessary legal documents with the appropriate court.

Still not found the answers you need? Then contact us today or fill out our contact form to speak with one of our lawyers.

Call Caldwell Wenzel & Asthana Premises Liability Lawyers to Schedule a Free Consultation

Your Chances of Getting Maximum Compensation Increases by Having Legal Representation

Choosing the best law firm to handle your case is a step in the right direction when seeking compensation for injuries. If you have been injured due to a property owner’s negligence, please speak up.